Colorado Springs voters appear to approve two competing marijuana measures that will decide the fate of retail stores within city limits. It’s unclear which measure will take priority, meaning the decision could be left to lawyers.

With just over 53 percent of the vote, voters approved 2D voting numberwhich amends the city charter to prohibit retail marijuana businesses within Colorado Springs city limits. Passing this charter amendment would change the city’s governing document, making it extremely difficult for voters (or the council) to reconsider their position on legalizing recreational marijuana sales in the future.

At the same time, also with just over 53 percent of the vote, Voting Question 300 was also approved by Colorado Springs voters. The measure allows the approximately 90 existing medical marijuana stores in Colorado Springs to apply for a recreational marijuana license.

“This presents a really interesting legal dilemma for us,” Colorado Springs Mayor Yemi Mobolade told reporters at a GOP watch party Tuesday night at Boot Barn Hall in Colorado Springs. “I’m already in conversation with my city attorney just to get some perspective, but we believe that ultimately our city charter, which is the constitution of our city, will prevail.”

The 2D ballot question was referred to a ballot by the Colorado Springs City Council. Council members said the amendment would keep marijuana out of the hands of underage users and maintain Colorado Springs’ relationship with the five military bases surrounding the city.

“I oppose recreational marijuana,” Councilwoman Lynette Crow-Iverson, one of the biggest supporters of the 2D ballot measure, said previously. “So I don’t want this to go anywhere.”

Question 300 legalizing the sale of recreational marijuana in Colorado Springs will also support public safety initiatives and mental health and PTSD programs for veterans through a preferential tax measure voted in 2022.

However, about a month before Colorado Springs voters could decide whether they would like to see recreational marijuana in their city, the Colorado Spring City Council approved a zoning ordinance that would essentially ban all future marijuana sales for recreational purposes within the city limits. The ordinance, introduced by Councilwoman Lynette Crow-Iverson, would ban recreational sales within a mile radius of schools, daycares and drug and alcohol treatment centers, essentially making illegal the sale of recreational marijuana in most of the city.

While supporters of Ballot Measure 300 claim this zoning ordinance was a “diversion to attempt to confuse voters,” it remains unclear whether the newly passed ballot measure would take precedence over the zoning ordinance. CPR News reached out to the Colorado Springs City Attorney’s Office for clarification on the matter and did not receive a response.

The El Paso County Clerk and Recorder’s Office will resume counting votes Wednesday.

Dan Boyce and Stephanie Rivera contributed to this report.